Liger et al v. New Orleans Hornets NBA Limited Partnership Doc.

150
Case 2:05-cv-01969-HGB-ALC Document 150 Filed 09/25/2007 Page 1 of 4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

EUGENE LIGER, ET AL. CIVIL ACTION NO. 05-1969

VERSUS SECTION “C”

NEW ORLEANS HORNETS NBA LIMITED MAGISTRATE 05

PARTNERSHIP

DEFENDANT’S MEMORANDUM IN OPPOSITION TO

PLAINTIFFS’ REQUEST FOR AN EXPEDITED HEARING ON THEIR SECOND
SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION FOR CONTEMPT
AND SANCTIONS

NOW INTO COURT, through undersigned counsel, comes Defendant, New Orleans

Hornets NBA Limited Partnership (“Hornets”), and submits this Memorandum in Opposition to

Plaintiffs’ Request for an Expedited Hearing on their Second Supplemental Memorandum in

Support of Motion for Contempt and Sanctions (Rec. Doc. 140).

Plaintiffs have filed a Motion for Leave to file their Second Supplemental Memorandum

in Support of their Motion for Contempt and Sanctions1. (Rec. Doc. 139). And as seems to be

the method by which Plaintiffs file all of their motions, they have requested that their Second

Supplemental Motion for Contempt and Sanctions be heard on an expedited basis. However,

what the Plaintiffs have failed to disclose to the Court is that after several days of depositions,

the “chain of evidence” depositions have not yet been completed. The depositions of Donna

Rochon, Rich Witmeyer and Dan Crumb were completed on Thursday, September 20, 2007, the

day after Plaintiffs filed their Motion for Expedited Hearing. The chain of evidence deposition

1
The Hornets note that Plaintiffs’ Motion for Leave has not yet been granted. However, out of
abundance of caution, the Hornets are filing this Opposition to apprise the Court of its position.

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of Sam Russo has not yet been completed. Further, the deposition transcripts are not yet

available. As such, the Hornets oppose the Plaintiffs’ request for an expedited hearing because

all of the evidence has not yet been heard and cannot be presented to the Court on an expedited

basis. The transcripts are necessary to oppose Plaintiffs’ Motion for Contempt and Sanctions. In

the interests of justice, the Court should have all of the evidence before it before making a

decision on Plaintiffs’ Motion, particularly in light of the draconian sanctions they seek.

While the Hornets would be prejudiced by having an expedited hearing on the issue

before all of the evidence is available and without the benefit of the deposition transcripts, there

is no prejudice to the Plaintiffs in denying the request for expedited hearing. The Plaintiffs chose

to limit their 30(b)(6) deposition inquiry to the “chain of evidence” issues initially, electing to

address substantive issues after they have examined the 30(b)(6) witnesses on chain of evidence

issues. (See Exhibit A) Further, the Plaintiffs have requested, and the Hornets have not

opposed, a continuance on the trial date and all other deadlines. (Rec. Doc. 147). As such, there

is no need to expedite the hearing on this issue as the Plaintiffs would receive no harm if the

Court hears this matter in due course.

The Hornets respectfully request that the Court afford the Hornets a full and fair

opportunity to respond to Plaintiffs’ Second Supplemental Memorandum in Support of their

Motion for Contempt and for Sanctions and to correct the false and misleading accusations made

by the Plaintiffs on the record. The Hornets will be prejudiced by being forced to respond to

Plaintiffs’ latest filing on an expedited basis under these circumstances. Thus, the Hornets

request that the Court deny expedited consideration of same.

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Respectfully submitted,

/s/ Jane H. Heidingsfelder

JENNIFER L. ANDERSON, T.A. (Bar No. 23620)
Jones, Walker, Waechter, Poitevent,
Carrère & Denègre, L.L.P.
Four United Plaza
8555 United Plaza Blvd.
Baton Rouge, LA 70809-7000
Telephone: (225) 248-2000
Facsimile: (225) 248-2010
E-mail: janderson@joneswalker.com

and

SIDNEY F. LEWIS, V (Bar No. 17026)

JANE H. HEIDINGSFELDER (Bar No. 28604)
Jones, Walker, Waechter, Poitevent,
Carrère & Denègre, L.L.P.
201 St. Charles Avenue, 50th Floor
New Orleans, LA 70170-5100
Telephone: (504) 582-8000
Facsimile: (504) 582-8015
E-mail: slewis@joneswalker.com
E-mail: jheidingsfelder@joneswalker.com
COUNSEL FOR DEFENDANT,
NEW ORLEANS HORNETS NBA L.P.

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 Case 2:05-cv-01969-HGB-ALC Document 150 Filed 09/25/2007 Page 4 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the above and foregoing Memorandum has been

served on all counsel of record below by the Court’s EF/CMF system as a result of their

registration for e-noticing and service via same on this 25th day of September, 2007:

Elvige Cassard Richards

Dan Buras
Daigle Fisse, PLC
227 Highway 21
Madisonville, LA 70447
Facsimile: (985) 871-0899

Stewart E. Niles, Jr.

Bryan Knight
Niles, Bourque & Fontana LLC
909 Poydras Street, Suite 3500
New Orleans, LA 70112
Facsimile: (504) 310-8590

/s/ Jane H. Heidingsfelder

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